Judge finds city in contempt for Phoenix Center closure

The City of Pontiac has been found in contempt of court after clearing out the Phoenix Center garage earlier this month after finding work being done on the structure without a permit.

In an order issued Friday, Oakland County Circuit Judge Michael Warren said he's ruled twice that the city must not close the Phoenix Center in order to maintain parking for the Ottawa Towers. The office buildings are suing the city to block the city's demolition plans for the parking garage and amphitheater.

Warren granted a preliminary injunction in the lawsuit on Nov. 30, an order he said the city violated by moving about 300 cars out of the garage on June 11. Workers in the Ottawa Towers were once again allowed to park in the Phoenix Center on June 18 after a meeting between city building officials and attorneys from both sides.

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"At issue is whether the defendants are free to blatantly violate an order of this court without first seeking leave to do so?" Warren wrote. "Because the answer is 'no,' the defendants committed contempt," he wrote.

Warren also said the city is responsible for damages, reasonable attorney fees and costs.

Emergency Manager Lou Schimmel and John Clark, an attorney for the city, did not return calls for comment Friday.

Schimmel announced plans to demolish the Phoenix Center on July 5, 2012, citing $8.1 million in repairs and upkeep needed on the structure during the next 10 years. He has said the Phoenix Center costs the city about $175,000 annually.

Michelle Harrell, the Ottawa Towers' attorney, has estimated damages at $50,000 for work stoppages, attorney fees, parking costs and more. She has until July 31 to file a motion for the damages.

"We're grateful the court enforced its orders, and we hope that the Ottawa Towers have some peaceful use of their property," Harrell said Friday. "We were shocked that this happened at all."

Will Koski, the Ottawa Towers building manager, said he was pleased with Warren's ruling.

"I think it speaks for itself," he said Friday. "Obviously, we're happy with the decision, and we look forward to working with the city regarding the parking structure -- preserving and maintaining it."

The Ottawa Towers lawsuit is set for a trial before Judge Warren in December.